Amended in Assembly April 20, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2491

Introduced by Assembly Member Nazarian

February 19, 2016

An act to begin delete amend Section 22500 of end delete begin insert add Section 22500.2 to end insert the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2491, as amended, Nazarian. Vehicles: stopping, standing, and parking.

Existing law prohibits a person from stopping, parking, or leaving standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in designated places, including, among other places, within 15 feet of the driveway entrance to any fire station. A violation of this provision is subject to a civil penalty.

This bill would begin delete additionally end delete begin insert authorize a local authority to, by ordinance, end insert prohibit a person from stopping, parking, or leaving a vehicle within 15 feet of begin delete the driveway to a police station, ambulance company, or end delete begin insert a driveway that is used by certain emergency vehicles to enter or exit a fire department, police department, ambulance service provider facility, or end insert general acute care hospital, except as specified, and would begin delete authorize a end delete begin insert require a end insert local authority begin insert that enacts that ordinance end insert to provide appropriate curb markings and post appropriate signs that delineate this prohibited area. begin delete The bill would also provide that a violation of these provisions is not a violation of law relating to the safe operation of vehicles for purposes of violation point assignment, but is instead a stopping violation or parking violation, as specified. end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 22500.2 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 22500.2. end insert   

(a) A local authority may, by ordinance, prohibit a
person from stopping, parking, or leaving standing a vehicle,
whether attended or unattended, except if necessary to avoid
conflict with other traffic or in compliance with the directions of
a peace officer or official traffic control device, within 15 feet of
a driveway that is used by an emergency vehicle owned or operated
by a fire department, police department, ambulance service care
provider, or general acute care hospital, to enter or exit a fire
station, police station, ambulance service provider facility, or
general acute care hospital. This section does not apply to any
vehicle owned or operated by a fire department, police department,
ambulance service provider, or general acute care hospital, if the
vehicle is clearly marked as a fire department vehicle, police
department vehicle, ambulance, or general acute care hospital
vehicle.

(b) A local authority that enacts an ordinance pursuant to
subdivision (a) shall provide appropriate curb markings and post
signs that delineate the area specified in subdivision (a).

end insert

begin delete

SECTION 1.  

Section 22500 of the Vehicle Code is amended
to read:

22500.  

A person shall not stop, park, or leave standing any
vehicle whether attended or unattended, except when necessary
to avoid conflict with other traffic or in compliance with the
directions of a peace officer or official traffic control device, in
any of the following places:

(a) Within an intersection, except adjacent to curbs as may be
permitted by local ordinance.

(b) On a crosswalk, except that a bus engaged as a common
carrier or a taxicab may stop in an unmarked crosswalk to load or
unload passengers when authorized by the legislative body of a
city pursuant to an ordinance.

(c) Between a safety zone and the adjacent right-hand curb or
within the area between the zone and the curb as may be indicated
by a sign or red paint on the curb, which sign or paint was erected
or placed by local authorities pursuant to an ordinance.

(d) (1) Within 15 feet of the driveway to a fire station, police
station, ambulance company, or general acute care hospital. This
subdivision does not apply to any vehicle owned or operated by a
fire department, police department, ambulance company, or general
acute care hospital, and clearly marked as a fire department vehicle,
police department vehicle, ambulance, or general acute care
hospital vehicle.

(2) A local authority may provide appropriate curb markings
and post signs that delineate the area specified in paragraph (1).

(3) A violation of this subdivision is not a violation of a law
relating to the safe operation of vehicles for purposes of Section
12810, but is instead either of the following:

(A) A stopping violation if a notice to appear has been issued
by a peace officer described in Section 830.1, 830.2, or 830.33 of
the Penal Code.

(B) A parking violation if a notice of parking violation is issued
by a person, other than a peace officer described in subparagraph
(A), who is authorized to enforce parking statutes and regulations.

(e) (1) In front of a public or private driveway, except that a
bus engaged as a common carrier, schoolbus, or a taxicab may
stop to load or unload passengers when authorized by local
authorities pursuant to an ordinance.

(2) In unincorporated territory, where the entrance of a private
road or driveway is not delineated by an opening in a curb or by
other curb construction, so much of the surface of the ground as
is paved, surfaced, or otherwise plainly marked by vehicle use as
a private road or driveway entrance, shall constitute a driveway.

(f) On a portion of a sidewalk, or with the body of the vehicle
extending over a portion of a sidewalk, except electric carts when
authorized by local ordinance, as specified in Section 21114.5.
Lights, mirrors, or devices that are required to be mounted upon
a vehicle under this code may extend from the body of the vehicle
over the sidewalk to a distance of not more than 10 inches.

(g) Alongside or opposite a street or highway excavation or
obstruction when stopping, standing, or parking would obstruct
traffic.

(h) On the roadway side of a vehicle stopped, parked, or standing
at the curb or edge of a highway, except for a schoolbus when
stopped to load or unload pupils in a business or residence district
where the speed limit is 25 miles per hour or less.

(i) Except as provided under Section 22500.5, alongside curb
space authorized for the loading and unloading of passengers of a
bus engaged as a common carrier in local transportation when
indicated by a sign or red paint on the curb erected or painted by
local authorities pursuant to an ordinance.

(j) In a tube or tunnel, except vehicles of the authorities in
charge, being used in the repair, maintenance, or inspection of the
facility.

(k) Upon a bridge, except vehicles of the authorities in charge,
being used in the repair, maintenance, or inspection of the facility,
and except that buses engaged as a common carrier in local
transportation may stop to load or unload passengers upon a bridge
where sidewalks are provided, when authorized by local authorities
pursuant to an ordinance, and except that local authorities pursuant
to an ordinance or the Department of Transportation pursuant to
an order, within their respective jurisdictions, may permit parking
on bridges having sidewalks and shoulders of sufficient width to
permit parking without interfering with the normal movement of
traffic on the roadway. Local authorities, by ordinance or
resolution, may permit parking on these bridges on state highways
in their respective jurisdictions if the ordinance or resolution is
first approved in writing by the Department of Transportation.
Parking shall not be permitted unless there are signs in place, as
may be necessary, to indicate the provisions of local ordinances
or the order of the Department of Transportation.

(l) In front of or upon that portion of a curb that has been cut
down, lowered, or constructed to provide wheelchair accessibility
to the sidewalk.

end delete